Arkansas-Platte & Gulf Partnership v. Van Waters & Rogers, Inc.

OPINION AND ORDER ON REMAND

JOHN P. MOORE, Circuit Judge.

After examining the briefs this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. *117834(e); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This case is before us on remand from the Supreme Court. — U.S. -, 113 S.Ct. 314, 121 L.Ed.2d 235. To aid our compliance with the mandate, we ordered the parties to file simultaneous briefs discussing the applicability of Cipollone v. Liggett Group, Inc., — U.S. -, 112 S.Ct. 2608, 120…